Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Deputies Mattie McGrath, Michael Collins, Grealish, Harty and Lowry, as well as Deputies Danny Healy-Rae and Michael Healy-Rae, for tabling this Private Members' motion. We briefly touched on this at Leaders' Questions a few weeks ago but we did not get a chance for a full discussion so it is nice to come back to debate the facts. There has been a productive and informed debate so far. As is evident in the Government's response, there is agreement on all sides of the House on the substance of the motion. Much of what has been set out in terms of issues raised, proposed actions and policies is being addressed. The Government has adopted a progressive and considered approach to developing structures and systems and providing resources that will underpin rural water services, not just for the short term but also for the long term.

I would like to address a number of specific points in the motion. It notes the 2016 launch of the national taking in charge initiative, NTICI, for residential estates to support and accelerate overall national action on the taking in charge process for housing estates. This includes estates with developer provided water services infrastructure. The motion calls for funding for this area. It should be noted that the national development plan includes provision of €31 million for the period 2018-21 to address issues with developer provided infrastructure, rightly so, because people have been left in limbo in many estates. The Government launched the NTICI in April 2016 to trial new approaches and working methods in supporting and accelerating overall national and local action on the process for taking in charge of housing estates, including estates with developer-provided water services infrastructure. Under the terms of the that scheme, which was underpinned by €10 million in funding, developments subject to valid taking in charge applications were eligible for inclusion in the associated call for funding proposals. Ultimately, €7.5 million of the allocated funding was paid to local authorities in respect of 330 developments, containing some 14,930 homes.

The Minister and I intend to publish a review report shortly on the success of the 2016 initiative, with recommendations to inform and direct future taking in charge plans, including in respect of developer-provided water services infrastructure.

The report will be of value to local authorities and other stakeholders in applying the lessons from the pilot programme in a more general roll-out of a streamlined approach to the process of taking in charge, including through co-ordination with capital works by Irish Water. The funding provided under the national development plan demonstrates the Government's commitment to transition from the pilot phase under NTICI to a programme phase. In a planned and co-ordinated way, we will be able to deal with these problems over a couple of years.

The motion notes a number of factors regarding Irish Water's approach to combined sewers. There appears to be confusion in this regard. I want to provide clarity on where the responsibility lies and indicate what action has been taken. The term "combined sewers" generally refers to the public network which transports foul water and storm or rain water. These remain the statutory responsibility of Irish Water. Local authorities, on the other hand, are responsible for drainage which does not include sewerage. The position appears to be confused with what are called "backyard services" - an issue often raised with Deputies by constituents - which are on private property. Irish Water took over responsibility for public water services in January 2014, with the local authorities providing operational services to the company under service level agreements. While statutory obligations in respect of water services passed from the local authorities to Irish Water at that time, there were no changes made to the statutory obligations regrading the maintenance of drains or service connections for private property. Service connections link individual premises to the public sewer network or, in the case of shared service connections, more than one property to the network. Individual service connections are generally located in the public area, for example, under footpaths or roads. Shared service connections are generally located partly within the boundaries of individual premises and partly in the public area.

Under the Water Services Act 2007, as amended, responsibility for maintaining service connections lies with the owners of the individual premises. Although local authorities were not legally obliged to maintain service connections prior to January 2014, they adopted different practices in this regard. Some took no responsibility for maintaining service connections - including shared service connections and connections within public areas - or for clearing blockages in them, while others took responsibility for maintaining and clearing blockages in shared service connections. Since this issue arose in 2014, Irish Water has worked with local authorities on the basis that established practice should continue and that any public health issues be addressed. Irish Water has also recognised the difficulties which could be faced by homeowners in trying to maintain service connections that are located in public areas. This would include, for example, the cost and time involved in obtaining road opening licences. Irish Water has, therefore, decided to assist by taking responsibility for maintaining that part of the service connection which is located in public areas. It communicated this decision to the local authority chief executives in March. Leaving aside the fact that changing the statutory provisions would be expensive, this issue is finally being addressed.

The motion also calls for action to address what are claimed to be information shortfalls on the risks to marine life and fishing stock and the condition of public sewers. Irish Water has commenced a programme of asset studies - to the value of €50 million - which will provide comprehensive information on the sewer network in 40 towns and cities. To assess the potential impact of its assets on shellfish, Irish Water has developed a shellfish water impact assessment methodology as required under specific wastewater discharge licences. The proposed methodology for undertaking shellfish water impact assessments includes a number of stages which will be carried out in consultation with external stakeholders over the next few years. On completion of the assessments, the next stages will be identification and undertaking of any improvement works that are deemed necessary. I assure Deputies that the concerns raised in the motion are being dealt with.

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